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Key Elements of Effective FCPA Remediation: Earning DOJ and SEC's 'High Premium'

By Jonny Frank and Rex Homme
February 27, 2013

The Department of Justice (DOJ) and Securities Exchange Commission's (SEC) Guide to the U.S. Foreign Corrupt Practices Act (FCPA) demonstrates, if there were any doubt, the importance of timely and effective FCPA remediation. Calling it a “high premium,” the DOJ and SEC explain that FCPA remediation can help an organization avoid criminal prosecution and enforcement proceedings; pay reduced penalties and safeguard brand value; and obviate a government-imposed compliance monitor or independent consultant.

It is not just the organization that is impacted by issues arising from poor internal controls. Board members and senior management face substantial embarrassment and damaged personal reputations. Consider also the career damage to business leaders, ethics and compliance officers and internal auditors.

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